Research On Some Legal Issues Of Joint Debt In Divorce Litigation

Joint debt is a tough issue in marriage law and legal practice, the second judicial interpretation of marriage law tries to adopt assumption rule to solve this problem, but failed. Instead, the rules in the second judicial interpretation of marriage law caused many problems and makes the issue becomes more and more complicated. The current rule of cognizance of joint debt is inclined to protect the interests of the third parties, so some judges avoid applying the assumption rules in the second judicial interpretation of marriage law.This dissertation researches the legal system of joint debt as following parts:the first part is brief introduction. This part introduces the dilemma in legal practice and the necessity to research it. The second part is some typical cases and its analysis. This part introduces two typical cases of joint debt and points out the main issue existing in current judicial practice. The third part is the legal issues on joint debt between husband and wife. This part researches the definition, characteristics and its’identification criteria of joint debt. This part maintains that the current rule especially the assumption rule is not good for the husband or wife. Some foreign law was also analyzed in this part to accomplish compare research. The last point is the improvement of the rule of joint debt. This part points out the drawbacks and how to improve the current legal system of joint debt. Some advice is brought forward such as adding the legal system of domestic agency, improving the article41in marriage law and abolishing the article24in the second judicial interpretation of marriage law.